>> thanks for sharing your thoughts, of course, keep them coming and thanks for being part of the real story today. i'm gretchen carlson, shepard schmidt reporting now live from the fox news desk. >> thank you so much, gretchen. good to see you today. they say we have a deal. nothing signed it hasn't made it through the house and no one has even voted but we will get into the details which is usually where the devil lies. isn't it? plus mark could you began the billionaire millionaire is he an insider trader? jury is deciding today. plus, do you need a new diet? i have a new diet for you. today, you will meet the man who says it works. he has lost weight every single year did it under doctor's orders. the oktoberfest diet and the food? beer and sausages. let's get to it. >> now, shepard smith reporting live from the fox news deck. first from the fox news

deck new york city potential break through in the dead lock. we will hit that debt ceiling. congress plans to vote later today on a senate budget deal that would keep the united states from possibly defaulting on its debt, at least until, well, early february. sources say it would also end the shutdown by funding the government through mid january. so, what it does not do is make any major changes to the president's healthcare law. that is something which republicans had been demanding. the senate majority leader harry reid said that the deal should show americans that congress can actually come together. >> while they witnessed a great deal of political discord, today they will also see congress reaching historic bipartisan agreement to reopen the government and avert default on the nation's bills. compromise we reached will provide our economy with the stability it desperately needs. >> the senate majority leader mitch mcconnell said is he confidentiality that the measure will pass.

check this out. this is mitch mcconnell on the senate floor and this is senator ted cruz speaking outside. speaking at exactly the same time about an hour and a half ago. saying diametrically opposed things. mcconnell all for it. perfect? no. but cruz? will have nothing of it. you can see the clock there, 12:22 daylight eastern daylight time when the senate's top republican was competing for air time with the junior first term from texas it. and really different ideas about the whole shebang. >> the relief we hope for is to reopen the government, avoid default, and protect the historic cuts we achieved under the budget control act. this is far less than many of us have hoped for, frankly. but it's far better than what some had sought. >> unfortunately, once again, it appears the washington establishment is

refusing to listen to the american people. the deal that has been cut provides no relief to the millions of americans who are hurting because of obama care. >> still, senator cruz says that he will not stand in the way of a full senate vote. right now, 3:00 in the east, republicans in the house are meeting now to discuss the deal in the senate. we're waiting to hear their take on all of this. meantime, wall street appears to be loving it. the dow jones industrial average was up about 200 points earlier on word of a deal. it's it up about 150 plus at the moment. mike emanuel is on fox top story live on capitol hill. i guess -- a vote in the senate sometime in the early evening. what are we getting out of the house? >> well, shep, i have heard from multiple sources both republican and democrat that say the senate could vote in a couple of hours, maybe 5ish in the east or perhaps early evening. and then we will get what the house is planning to do from there. folks in the house are saying let's see the senate pass it first. obviously it is expected to

pass. but a lot of folks are saying it would be important to pass it with strong bipartisan numbers in the senate. it may give some folks in the house a little bit of cover. as for why the senate goes first, i have had some people tell me that it is a senate agreement that was brokered between harry reid and mitch mcconnell so it is appropriate that the senate goes first. and one guy actually told me that perhaps the house is tired of passing bills that die in the senate so let the senate actually take action first, shep. shep shep they are not actually getting exactly all they wanted here. republicans stand in the way. we spend too much money. >> well, that's right. and one thing mitch mcconnell, the republican leader in the senate is celebrating is the fact that the budget caps that were set two years ago when we went through process stayed intact. there was some thought that the democrats are trying to lift those caps. mcconnell held on to those and so that's one thing that he is celebrating, if you will, and one thing republicans can hang their hat on. others have pledged that they will continue to fight

to make sure that essentially spending doesn't go up and that the long-term debt of the country is addressed. we know part of this is a budget conference that is due to report back by mid december. i have heard from people in both parties saying that they are hopeful, hopeful that this bipartisan group can come to some form of agreement so we don't do this every two to three months forever, shep. shep shep that would be dreamy. mike emanuel on capitol hill. thanks a lot. one of the nation's richest men is accusing our congress of messing around with what he calls a political weapon of mass destruction. the billionaire investor warren buffet says it would be idiocy for lawmakers to let the nation default on its bills. he says it would hurt not only the nation's credibility but could also hurt all of our bottom lines. of course, unlike most americans, buffet has a huge safety net. so what would had t. mean for most of us if congress cannot in the end get its act together? because it's not a done deal in the the fox business network's gerri willis is with us on the

news deck. focus very real already. >> big impacts sure were up 150 points on the dow. i have got to tell you we could be down just as quickly. it could happen like that. we have had lots of volatility already. guess what? fidelity one of the biggest mutual fund investors in the country getting out of short-term u.s. bond market, selling off bonds. and if you were trying to get a jumbo loan this week. forget about it. you can't do that. the irs is on vacation. they are on furlough. you can't close that deal. thought big impacts, consumers, on main street, here is what you are seeing, 40% 'of the people saying they are spending less because of the shutdown. and, social security payments, big payment due next week, $12 billion. 44 million of us rely on that money to live week to week. 58 million of us, one in five actually receive those payments. and finally there is welfare benefits, right? north carolina, the state of north carolina saying we are not giving out benefits in november, not yet anyway because we don't know what's happening with the federal government.

>> so is a deal february to december is that a fix on all of this? can we bunji cord on all of this? can we come back together? >> everybody would like to see a real deal. that doesn't seem to be in the offing. not by a long shot. we are waiting for better news than. this we frankly don't know if this will work. >> no we don't. not until they work. she is not warming up back stage. that fat lady. >> she wants to go on stage. >> we are ready for her. she can have ours. gerri, great to see you. >> great to he see you. >> parents of a teenage cyber bullying suspect says somebody hacked their facebook account. one of two girl facing charges after another girl killed herself. cops say a facebook message posted days ago led to her arrest. yeah, i bullied rebekah and yes, she is dead but i don't give a -- the suspect's mother tells abc news that message did not come from her daughter.

>> that's something that your daughter would write? >> no, she wouldn't write anything like that. she is not that type of girl that would just say something like that. >> police arrested that girl and the 12-year-old on the right of your screen here on monday. they are both now facing aggravate felony stalking. the sheriff there says as many as 15 girls bullied this child, rebecca sedgwick for more than a year last month police say she climbed a tower at an abandoned concrete plant and jumped to her death. she would have been 13 years old this weekend. steve harrigan is at that plant in lakeland, florida for us this afternoon. and it's my understanding, steve, that you spoke to the child's mother this morning; is that right? >> that's right, shepard. the mother and the whole family is in pretty tough shape. the mother says she is speaking out in order to try to spare others the pain she is going through. a pain which she says is worse now than it was a month ago when her 12-year-old daughter committed suicide. >> she left a big hole, she

really about did. -- she really did. it's just so hard. >> it's all beginning because of the arrest. it's kind of opened -- >> -- yeah. >> kind of opened up the wounds and made it fresh again. >> yeah. but, at the same time, it brings some kind of relief because they are finally listening. i really hate that it took this happening before people started listening. >> the mother says it's been especially hard on rebekah's brothers and sister its and that the whole family needs grief counseling, shepard. shep shep it happened as i understand, steve in that tower over your left shoulder there. >> that's right. imagine september 9th, a 12-year-old girl just over a feet tall over 100 pounds who has been bullied for 18

months. she climbs that 60-foot tower and jumps to her death. that's how bad things god for rebekah. for the police who found her body here at 2:30 in the morning, this case is personal. i came here and saw that a 12-year-old child, a baby, younger than some of my grandchildren jumped off of this tower to her death. and i wanted it know why. and i found out why because ultimately she was bullied. she was a fragile child to begin with. and i knew that enough is enough. >> of the two suspects who have been arrested, one is already back at home. the other remains in a juvenile detention center. shepard? >> steve harrigan live for us in lakeland, florida this afternoon. celebrity billionaire mark could cuban accused of breaking the rules. now we are learning whether the owner of the dallas mavericks is guilty of insider training. if he is, what happens to

him? fox news deck coming up on a hump day afternoon. good to have you with us. ? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed much is the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪ of their type 2 diabetes with non-insulin victoza®. for a while, i took a pill to lower my blood sugar, but it didn't get me to my goal. so i asked my doctor about victoza®. he said victoza® is different than pills. victoza® is proven to lower blood sugar and a1c. it's taken once-a-day, any time, and comes in a pen.

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stop taking victoza® and call your doctor right away if you have signs of pancreatitis, such as severe pain that will not go away in your abdomen or from your abdomen to your back, with or without vomiting. tell your doctor about all the medicines you take and if you have any medical conditions. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are nausea, diarrhea, and headache. some side effects can lead to dehydration, which may cause kidney problems. if your pill isn't giving you the control you need ask your doctor about non-insulin victoza®. it's covered by most health plans. nba dallas mavericks. he has, among other things, many successful business ventures. and he is one of the star investors on the hit show

shark tank. you may have seen it but the securities and exchange commission mark cuban used insider information to dump millions of dollars worth of stock back in the year 2004 after the company's ceo allegedly tipped him off. one of mark cuban's attorneys told jurors yesterday that the securities and exchange commission's case is built on misleading comments. and that it's an example of the federal government's running amuck. a line that seems to work well these days. trace gallagher is live in our west coast news hub this afternoon. explain more of these accusations if you would, trace. >> back in 2004, shep, mark cuban owned 60% of a company called momma.com canadian search engine trying to compete with google. former ceo had a conversation with mark cuban where he said the company was going to sell the stock to private investor at 10% discount that would have cost mark cuban some money. cuban agreed not to sell the stock and turned around and dumped it anyway for

some $7.9 million. cuban says he never promised he would not sell the stock. and he also says the information, the former ceo gave him was all public knowledge anyway. shep? shep shep it sounds like it's the ceo's word vs. mark cuban's word and little else? >> yeah. and that former ceo lives in montreal and he refused to come down to testify at the trial in dallas. so they played his videotaped deposition. as we know mark cuban certainly did testify in dallas and closing arguments, the attorney looked at the jury and said who are you going to believe in the guy who wouldn't come down and look you in the eye or the guy who answered all the questions and did look you in the eye and as you said, shep, the jury is now deliberating. >> and if the guy who looked him in the eye is guilty, what does he do? pay a fine? >> there is no criminal charges here, so he stands no chance of going to jail. if he loses, mark cuban would lose about $2.5 million. he is worth $2.5 billion, so drop in the bucket is a bit of an overstatement. here is how concerned mark cuban was about the verdict

yesterday after court. listen. >> we'll talk about all of that later. but, again, i have got to get to indianapolis, the mavs have got a game. you know me, that's the important stuff. >> got to get to the mavs game. on the flip side the fcc has been working this case for five years with 10 lawyers. we don't have an exact number. it's cost them millions of dollars. even if they win they will lose millions of dollars in this case. >> already have. trace gallagher. most watched sporting event on earth has nothing to do with football. it's the world cup. as the rio prepares to host the tournament. a powerful drug cartel is threatening a world cup of terror. if officials don't cave in to the drug cartel's demand. ahead, the warning and the response from brazil. [ female announcer ] the best thing about this bar

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19 minutes past the hour on shepard smith reporting. begin in japan where the deadly aftermath of a typhoon is with us. man alive, they are having so many problems on n. japan. landslides on an island in tokyo. 16 dead and dozens more missing. said to be the most powerful typhoon to hit that region in a solid decade. look at this, the street just buckled in the philippines. damaged after a 7.2 magnitude earthquake hit the city. over here this is mecca in saudi arabia. the haj is on. world's largest clock. 2 million people are traveling to the site for the haj this year. pilgrimage muslims are to make once in their lives. fans in sara sara did i --

clinches is a spot in the world cup. speaking of which, world cup qualifying match. mexico lost 2 to 1 but they can still get in since u.s.a. beat panama yesterday. team u.s.a. soccer players are gearing up for 2014 world cup in brazil. chaos and violence continues across part of that host country. according to one newspaper in brazil, the biggest drug cartel is promising a world cup of terror if authorities don't meet some of their demands. the newspaper is reporting that the gang is demanding police keep cartel members out of one of the country's tough prisons. the gang formed back in the early 1990s at a prison in south so you sao paulo. meanwhile in rio de janeiro a string of violence. antigovernment demonstrators demanding better education

rights for teachers, battling with police. setting fires to cars and buses. the truth of the matter is, if they are ready for world cup, they don't show it fox news latino.com reporter brian yenes with us. >> the pcc is the first capital command group. literally two thirds of the country. they operate out of the prison, which is pretty complicated system, but they literally get cell phones, lawyers and corrupt officials to communicate with one another throughout the brazilian prison system. this group has backed up what they said before. in 2012 they killed 106 military police officers because they said they didn't like the fact that they had prisoners relocated. and then before that, in 2006, there were riots amongst 70 prisons throughout brazil because they said, again, they didn't want prisoners to be relocated. when a gang is centered around the prison system, can you understand why they would be angry if you are moving some of their leaders into federal penitentiary systems that makes it harder

to communicate and the organization to operate. >> so many world events coming to brazil over the next couple of years. anybody who has ever been to woorld cup match knows it's one heck of a party. the violence in rio and beyond is frightening. >> this is what is happening. their government is putting $14 billion into building all these amazing stadiums, the infrom infrastructure. people don't have healthcare and making lower minimum wage. you have got protesters last night in rio de janeiro really teachers thatted high salaries. what happened? you had people jump on those protests the small set of activists that are extreme got into them and antigovernment protest. the protests we have seen in the last year, shep, aren't anti-world cup. they are anti-corrupt government. they are anti-really the establishment. in june we saw a million people head to the streets in the cities in brazil. this isn't necessarily about the world cup. this is about using the world cup as a springboard for the issues in that

country. >> what are authorities doing to tamp down this violence? >> they have been really going slum to slum into the rio de janeiro and sao paulo. they are bringing the offensive to them. disdain for the authorities. you are coming into my neighborhood to clean up my neighborhood, finally in the year's time. this is work that takes decades. >> where have you been before there was a world cup? >> where have you been before there was a world cup. brazil says we are pumping $900 million into security. it's going to be the safest event in history. the bottom line is, shep, when you have a situation like this, where you have got people that are ticked off at the government, and you have got an activist situation there, who knows what's going to happen when the world cup happens? >> hopefully it will go well. hopefully we will win the thing. brian, nice to he see you. brian llenas from fox news latino. nine hours from now the latest on the countdown to

potential default and live report from the white house. reaching that time of day where we bring you fox report and quick look at the day's headlines. i'm shepard smith in new york. thanks for being with us. our ke, geico's emergency roadside assistance is there 24/7. oh dear, i got a flat tire. hmmm. uh... yeah, can you find a take where it's a bit more dramatic on that last line, yeah? yeah i got it right here. someone help me!!! i have a flat tire!!! well it's good... good for me. what do you think? geico. fifteen minutes could save you fifteen percent or more on car insurance. my dna...s me. every piece is important... this part... makes my eyes blue... i might have an increased risk of heart disease... gallstones... hemochromatosis... i'll look into that. the more you know about your dna, the more you know about yourself... now i know.

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without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers. you can find it all on angie's list. join today. fox report now. there is word this hour of potential progress that the latest nuclear talks with iran. the white house says it's seeing a level of seriousness and substance from tehran that it has not seen before. but the white house is warning nobody should expect a break through overnight. it's election day today in new jersey. the democrat cory booker, the mayor of one big city there and the republican steve lanegan facing off to get the seat of frank lautenberg. whoever wins the seat will have to run again next june. don't mess with cal ripken's mom. police arrested a man who tried to car jack her yesterday. happened outside a bank at

baltimore. she set off 00 car's panic alarm and sent the guy running. cops say she wasn't hurt. they say they are still looking for the gunman who kidnapped the vialet violet ripken from her home last year and lead her go 24 hours later. i am today by luck. i put in the hours and built a strong reputation in the industry. i set goals and worked hard to meet them. i've made my success happen. so when it comes to my vestments, i'm supposed to just hand it over to a broker a back away?

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half past the hour from shepard smith reporting updating some of the fox top stories. a live look at the white house where president obama and the treasury secretary jack lu have been meeting in the oval office as we get word of a possible break through in the budget battle in dc. today senate leaders announced a last minute deal that would raise the debt ceiling and end the two-week government shutdown. sources are telling fox news the senate will vote first. possibly just a couple of hours from now. the white house says lawmakers need to move and fast. >> the president applauds leader reid and minority leader mcconnell for working together to forge this compromise and encourages the congress to act swiftly to end this shutdown and protect the full faith and

credit of the united states of america. >> house republican leaders began meeting just about a half an hour ago and fox news has now learned that the house expects to vote tonight as well. ed henry is leif for us at the white house. what's the thinking about whether the president is all right with sitting back and watching what happens on the hill here? >> shep, i want to get to that but just a moment ago as you were coming to me. we finally got a statement from speaker john boehner who is finally reacting to this bipartisan senate agreement. some news here because he says basically that the house republicans have been fighting with all their might to stop the president's healthcare law, deal with debt, et cetera. and says, quote: that fight will continue but blocking the bipartisan agreement reached today by the members of the senate will not be a tactic for us. that suggests obviously he is not going to be standing in the way. we will see how many of his republican colleagues in the house vote for this deal. but the signal now from speaker john boehner for the first e is going to get on board with this senate deal. that is a hopeful one for

the white house, obviously. it will raise questions about where speaker boehner will be politically with his own conservative colleagues. the reason we haven't heard from the president yet we are told by aides here they want to make sure this goes through. they have heard about deals. we have all heard about these deals over the last 48 to 72 hours. they want to make sure this one actually sticks. even though the president has largely gotten almost everything he wanted in this deal, at least getting the government back open, getting the debt ceiling raised, jay carney insisted today this is a gloat-free zone at the white house. take a listen. >> the american people have paid a price for this. and nobody who is sent here to washington by the american people can call themselves a winner if the american people have paid a price for what's happened. >> but, republican senator cailee ayacht was on the senate floor a short time ago republicans their strategy failed. it was a bad idea to close down the government.

she says she still opposes the president's healthcare law but it was a bad tactic and she said in her words she hopes republicans have learned from. this it's pretty clear the president won this battle. i think the broader question is can he win the war? he has got three more years in office and base on how messy this was, what are the possibilities of him getting immigration reform, getting the rest of his healthcare law implemented. he has a lot of big problems that were kicked down the road. the can kicked down the road in this deal, shep. >> they just keep kicking it one complaint we heard today from house republicans is this just gives the president too power. >> that's going to be the question moving forward. look, this is a president who campaigned in 2012 saying that if he won re-election, he would, in his words, break the republican fever of opposition to him. and that both sides would finally come together on a broader budget agreement. that sort of balanced approach that he talked about in the campaign. raising taxes, cutting some spending, spending elsewhere though. we should point out as well.

all of the priorities he laid out in 2000 12. the question now is based on this battle, you know, did he break the fever or not? if you listen to republican congressman louie gohmert who you suggest the president is getting too much power in this deal the fever hasn't been broken. there are some folks in the tea party who are more fired up. take a listen to gohmert. >> there is so much thing as a clean cr. it's full of pork. it's full of waste, fraud and abuse. it means we are giving into a monarchy form of government. it's not what we should be doing. >> now, i asked jay carney about this. does the president think that they broke the fever or you know is ted cruz live some conservatives and fight the president even harder over the next three years? carney proclaimed himself cautiously optimistic that they are going to come together on some of these great issues. any neutral observer watching how this has all played out in recent weeks you have got to raise an eyebrow as to whether both sides are really going to come together. >> i wonder. you showed congressman gohmert there a lot of

republicans distancing himself. yesterday he is on with alisyn camerota and talking about the president committing high crimes and misdemeanors. for a lot of republicans is way out there. today you have got ted cruz and mitch mcconnell speaking at the exact same time saying i do meat trickly opposed things. some republicans are not happy. >> i thought you had it perfect when you had on the giant video wall the two different republicans. mitch mcconnell on the senate floor and ted cruz just literally steps from there from the the senate floor commanding his own microphone. that was kind of a breech of senate decorum. usually you would defer to the leader. frankly there are conservatives in this country who are tired of sort of bowing down to mitch mcconnell or john boehner. they are happy that ted cruz is standing up to the washington establishment. they don't care that it broke senate decorum. that's going to be one of the questions moving forward for republicans. in washington and outs of washington. are they with ted cruz and want to sort of shake things up or are they going to work with the president a bit more over the next three years? there are a the lo of folks

getting behind ted cruz and others wondering whether it went too far, shep. shep shep ed henry outside the white house. nice to see you have a talk with jay carney today too. i enjoyed it. >> that was nice. >> it was. let's get to senior judicial analyst judge an do you knap. we have backed away from the cliff at least. the country is not going to collapse and take the world with it? >> tomorrow is the day that the secretary of the treasury said he would need more money to pay the government bills. turns out enough money in the till to pay the government's bills until the end of the year. the idea that the government would default, that it couldn't pay vendors, people who sold food to the government or couldn't pay lenders, people who loaned money to the government and who were due interest on those loans as of tomorrow was pretty much a made-up trick by democrats in order to scare people into voting for this. on the other hand, the government is so big. the government provides benefits and subsistence to some people relying on the government who is suffering

when the government is shut down that that level of pain and suffering finally reached republicans who said we have to decide between do we really want this to go on for much longer or pick another fight for another day? when when we can decide whether or not we want the government to keep borrowing and add to the $17 trillion debt. >> a number of republicans have told me that there was another factor, too. and that was that "wall street journal" nbc poll that came out in the middle of the week that showed their favorability rating as a party had dipped to 24%. no republican wants that. >> i think that the democrats did a better job in the p.r. game of blaming the republicans for the government shutdown. but it their president, i suggest to you, who refused to negotiate, who basically said my way or the highway. he managed to deflect the heat from him. his own approval ratings are way down. >> they are, indeed. >> made it look like the republicans in the house were the bad guys. in my view the republicans in the house were doing the best to preserve the value of the dollar and constitutional government as we understand it but it got to the tipping point whether

it was just too much suffering out there. end. this going to come back to us. lindsey graham stead this morning i'm voting for it but i think it's absurd because we are going to be back in the same boat in the middle of february when this borrowing power and this budget run out. >> the thing is we have two competing views as we always do in this country of thousand make things work. >> yes. >> one side says we need to spend less money. one says maybe we spend less money but need more revenue as well. that's the battle point. but that was not what their focus was. their focus started out with obama care. a fight that most republicans admit they could never have won and they knew it. >> the constitution contemplates first is to pass the law and second is another vote on funding the law. so, senator cruz, even though got under some people's skin in my opinion brought out the best in many conservative values, which is just because this thing was passed doesn't mean we have to pay for it if we don't have the money to pay for it. now, that view did not prevail knew merkley in the congress but it's a view

that resonated with a lot of folks back home. >> judge napolitano. >> good to be with you especially in these digs. >> going to make it colder. the information section is behind you. >> they are used to. >> they're. lawmakers have now stepping up the push for an investigation into allegations that a high school football player raped a 14-year-old girl. this comes after cops say they dropped the case because the girl's mother would not cooperate. well, the mother is responding in a big way. we will tell you where things stand now. that's coming up in the deck. [ male announcer ] this is claira.

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ugh! actually progresso's soup has pretty bold flavor. i love bold flavors! i'd love it if you'd open the chute! [ male announcer ] progresso. surprisingly bold flavor for a heart healthy soup. jury didn't deliberate long. the jury in texas has just found the billionaire owner of the dallas mavericks mark cuban not guilty of insider trading. the securities and exchange commission accused mark cuban to use inside information to dump millions of dollars of stocks in 2004 after a company ceo

allegedly tipped him off. trace gallagher with the the details in l.a. it didn't take long. >> probably five or six hours, shep. the jury just got this case yesterday afternoon. remember, it's a civil case so the jury doesn't have to be man news. we are looking at seven women and two men on this jury, a third man was actually excused. so, by our clock being, maybe five to six hours they deliberated finding that mark cuban was not guilty of insider trading. if he had been found guilty, is he looking at $2.5 million in fines. but you know the sec spent a lot of money prosecuting this. they have had 10 attorneys working on this, shep, since 2008, so the tab just for the lawyers billion has got to be millions of dollars. mark cuban saying the whole time look, i told the ceo that i would take or have the ability or have the option to sell those shares. we are talking about shares in a company called momma.com which is a canadian search engine that was trying to compete against google at the time. wasn't doing very well.

they tried to sell these shares to it a private partnership for 10% discount which would have cost mark cuban money. he sold them. he got about 750,000 in profit. and now he is not guilty and he is at the mavs game in indianapolis. shep? >> trace gallagher in los angeles. thank you. local lawmakers in missouri calling for investigation into rape case. high school football player got her 14-year-old daughter drunk at a party. she says he raped her child and then dumped her on the front porch of their home in the middle of the night where she passed out in the freezing cold. all of this happened in january, in the town of maryville, missouri. about 0 miles north of k.c. prosecutors later dropped charges against that football player and says it was because the mother and daughter stopped cooperating with the investigators on the case. but the mother says that is not true at all. and that the backlash that followed drove her family right out of town. she says her daughter has

tried to kill herself and that their house burned down. and she suspects somebody set fire to it intentionally. all of this has resulted in a huge social media campaign against the prosecutors. prompting those lawmakers to take action. mark linear is a defense attorney and is joining us live now. this matter of whether she was cooperating or not that's very much in dispute. >> it's not only in dispute, shepard, i would say it's totally irrelevant. because the obligation of the prosecutors is to see if there was a crime that was done. they ought to use ever means possible. it's not just the girl's testimony. they ought to be looking at social media they ought to be looking at pictures. they ought to be talking to all of the witnesses and then let a grand jury convene and make the decision. i think this is bad. >> tell us about this campaign against the prosecutors that's happened online and elsewhere? >> fascinating because you look at the way the internet has changed the world and

continues to each day. here you have got social media you have got people who are on all of the little iphone apps and they besieged the county with phone calls with emails, with texts. with postings. and what you see on a small scale is the same thing that topple mubarak's government in egypt where people just took to the internet and said, time out, we have had enough. change the way the government is doing business. >> and now where are we? what's the process now? >> well, now it's very interesting. the first the lt. governor comes out and he doesn't have the power to convene a grand jury, but the lt. governor comes out and says circuit, you need to convene a grand jury. that's the right thing to do. then, the house speaker timothy jones, he comes out and says kind of yeah, what he said. and so the house speaker has called for grand jury. but, as of now, the county prosecutor rice is still not agreeing to convene a grand jury.

and so it is up in the air. is something going to be done? if it's not, i expect social media will keep beating the drum even louder and harderrer. >> the allegation is that this football player got a 14-year-old drunk, dumped her on her own front porch in the freezing weather and that since she has tried to kill herself. who is disputing this and is there evidence to the contrary? >> well, there is actually evidence to support it. remember, it wasn't just the 14-year-old girl whose name is actually out in the media, but there was a 13-year-old friend of hers who was allegedly raped as well. so you have got these two minors that were raped, allegedly at this football -- the party with the football players. and nobody has come forward so all we have got is rumors. the rumors include there is actual videotaping that went on of the crime itself. and that needs to be ferreted out. >> no doubt. attorney mark with us. nice to see you, thank you. >> you bet, shepard. well, forget every diet

you have ever considered because this one is the best one ever. nothing else but beer and sausage for a month at a time. beer and sausage. one man says it helped him drop two sizes so far. his doctors is all about it. he will be here live with us. the oktoberfest diet. yum, beer.

well now the diet even homer simpson would love, beer and sausage. that's it basically. a man in arizona says it works very well for him. for the past three years he says he celebrated oktoberfest by consuming nothing but beer and sausage for an entire month. he says he lost 14 pounds in the first year and his cholesterol dropped 30%.

there is a catch as you might imagine since he drinks as many as six beers a day he cannot drive. so he gets his son to get him cart around. evo tara joins from us feebs. you got your drink on now. >> no. i had a drink on about 10:00 this morning. it's been a couple of hours so i'm feeling pretty even. >> beer and sausage and nothing else for a month and your doctor is good good this. >> yeah, this is beer and sausage are all my calories that i take from the month come from those two things and medically supervised and guess what? it works. >> my doctor says high fat, high alcohol, high carbo high democrat diet is not the right thing to do. where do i find your doctor and could i adopt him? -- he is he a weight loss physician our goal was to really get some data points and test what happens. let's take two foods

arguably terrible for you as your doctor told you beer and sausage. but if we do those in moderation and really reduce the calories that i take every day, howley come out if we check that every day and recorded everything and did blood test before, during and after and i went to the doctor every week, what would actually happen and as you said, the results are pretty positive in my favor. >> it's weird because my doctor says you need whole grains and you need fruits and you need vegetables a mixed bag of all of this stuff, you need to get plenty of sleep and keep your alcohol content down. that is a prevailing wisdom and that's what is supposed to keep us alive and this is supposed to kill you, sir. >> it's supposed to but the difference between the conventional wisdom and what i'm doing right now is i actually keep the alcohol pretty low. all those things you have mentioned about fresh fruits and bread beer is liquid bread. vitamin plenty of nutrients changing the amount of calories. forcing by body to do something with those calories and not pack them

away as fat. this wouldn't work if you just ate your regular diet and layered in six beers a day which is what i have you are going to get fat. when that's your primary food source, guess what, you lose weight. >> not like you are eating 30 sausages the day. >> two saw sadges a day is the max i have. i restrict my calories to 1500 a day. >> that would do it? >> i'm a full size guy. i weighed 2100 calories is what my body will burn on a daily basis. if i only put 1500, 600 does something. it sheds away the fat. it's kind of nice. >> my guess is you are a little bit hungry and little bit buzzed all day. >> that's my. low grade hunger low grade buzz, what are you going to do? only 30 days. >> what kind of beer and sausages are you over there. >> i take liberal approach sausage so i don't get bored on that thing. breakfast, smoked polish, hot dogs, whatever kind of sausage works. i'm a grand of craft beer. fruity beers in the morning,

drink a nice brown ale over lunch and nighttime the double ipa's that have a little bit more flavor and character to them. variety that's the trick. >> empty stomach beer is the trick as well. how is the bathroom experience? i have to ask. >> yeah, i understand. >> i hear everybody groaning, it's a fair question. >> it's a totally fair question. the good news is everything is reduced. if you know what i mean. >> i do. look, everybody in the booth over there and all of you people groaned. did you not want to know? >> i didn't want to know. >> john glenn says he didn't want to know. i think if we could do all of october with beer and sausages only for all of you, the news deck would be a much happier place. >> no thank you. >> when breaking news happens, oh, breaking news happens.

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of providing a free world-class education for anyone, anywhere. if you look at a khan academy video, they cover everything from basic arithmetic to calculus, trigonometry, finance. you can really just get what you need at your own pace. and so, bank of america came and reached out to us and said, "we are really interested in making sure that everyone really understands personal finance." we're like, "well, we're already doing that." and so it was kind of a perfect match. as the north korea dictator. -- i was trying to walk into it. as the north korean dictator starves his people and locks up others in labor camps. others can visit a brand new water park.

there it is. pyongyang. the other was actually the streets of new york city. officials there claim the place is massive. they say it includes outdoor pools and a giant water slide or two here and there. indoor bar featuring women bartenders dressed in traditional german dresses. clearly there is a coaster as well. keep in mind north korea reports it's finishing construction on new ski resort with hotels and underground parking. and on this day in 1958, chevrolet rolled out its first car truck hybrid called the el camino. it had the body of a sedan and bed of a pickup truck. it wasn't the first of its kind really. ford had already built a similar vehicle called a ran cher row. the idea for the combo car first came from australian farmers. the el camino was not a big seller though there were a few in my town. chevy scrapped the original. few years later. the company dropped the model from lineup. now the el camino is considered a cult classic.

but it first hit the highway 55 years ago today. thanks for being with us this afternoon. i'm shepard smith. i will see you tomorrow from the news deck or when breaking news changes everything. after all that drama, is it a done deal? house speaker john boehner moments ago saying he will allow a vote on the senate deal to raise the debt limit and end the government shutdown. the senate is expected to vote first, as soon as as an hour from now. so what did taxpayers get out of all of this? we are on it. ♪ >> welcome, everyone, i'm stuart varney in for neil cavuto this is "your world." and wall street is already cheering a deal that has yet to be voted on. the dow surging today. well, here is what republicans get from this. income verification for those receiving subsidies from those new healthcare exchanges. no flexibility on those mandatory spending cuts,